Business Law Case Study

Topics: Tort, Law, Damages Pages: 5 (1363 words) Published: May 18, 2014
Question 1
Zhang, Wang and Chang are train drivers. Being unhappy about their work hours and pay, they decided to go on a strike. Not only did they tried to rope in other train drivers, refusals of some to partake in the strike were threatened with bodily harm. In the following, I will discuss the offences of the three china train drivers. The first offence would be going on a strike.

According to section 6 of the Criminal Law (Temporary Provisions) Act (Chapter 67), it is said that a workman in any other essential services cannot go on strike unless he has given to his employer 14 days’ notice of his intention to strike. This 14 days’ of notice should be given so that some sort of emergency arrangements can be made to ensure a minimum service necessary for the well-being of the public(WFS, 2013., para. 13). Essential services includes those in water, gas and electricity services, public transport, banking, fire services, drug enforcement, civil defence, pollution, newspaper services, and refuse collection. (Wong, T (n.d. )). Zhang, Wang and Chang are train drivers in Singapore and are considered working for the public transport sector. Public transport is defined as an essential service in the Act and in which Zhang, Wang and Chang failed to give their 14 days of notice. “In an effort to make them succumb to their demands” shows that they did not have any intention to make known to the relevant authority regarding their unhappiness over their work hours and salaries. By going on a strike they wanted to “force” the authorities to give in to them as they knew that the public transport system would be affected without them. As a result, without the 14 days of notice, they caused disruption to the essential services of the country. From this, we can conclude that Zhang, Wang and Chang took matters into their own hands by going on an illegal strike out of dissatisfaction and anger. The second offence would be the breaching of employment contract. A breach of contract is an example of a “civil wrong” wherein a legally binding agreement is not honoured as it should be as stipulated in the contract or any signed agreement between two parties. In matters of business, a breach of contract can be executed whenever the non-performing party puts the conduct and the activities of the business at risk due to non-compliance to the agreements(SLFS, 2013., para 2)). In regards to the first issue, Zhang, Wang and Chang are hired to be train drivers in Singapore and not hired to go on an illegal strike. Being considered as an essential service worker, they have caused disruption to the public service, breaching their employment of contract. Thirdly, the three train drivers have also incited other train drivers to join in the strike. Under section 10 of the Criminal Law (Temporary Provisions) Act (Chapter 67), instigation is any person, who incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out. In relation to the second issue, Zhang, Wang and Chang in an effort to “force” authorities succumb to their demands, instigated to ask other train drivers to join in their illegal strike. The fourth offence would be the threatening with bodily harm of those drivers that refused to partake in the strike. Under section13(c) of the Miscellaneous offences(Public Order and Nuisance) Act (Chapter 184), any person who uses towards another person threatening or abusive is a form of fear or provocation of violence. If one of the parties is forced to make the contract by violence or the threat of violence, that is duress(Barton v Armstrong1976). According to the passage, refusals of those to partake were threatened with bodily harm by the three china train drivers. Threatening to inflict bodily injury upon another may amount to criminal intimidation under section 503 of the Penal Code(SLA, n.d., para.1)). In conclusion, Zhang, Wang and Chang have committed the offence of strike, breach of employment of contract,...

References: Criminal Law (Temporary Provisions) Act (CHAPTER 67). (2000).
Retrieved from http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22a0f19883-86d3-46d3-8f92-17c578f590cd%22%20Status%3Apublished%20Depth%3A0;rec=0
WFS. (2013). SMRT Bus Drivers’ Strike: Liu Xiang Ying and Gao Yue Qiang’s Mitigation Plea.
Retrieved from http://workfairsingapore.wordpress.com/2013/02/25/smrt-bus-drivers-strike-liu-xiang-ying-and-gao-yue-qiangs-mitigation-plea/
SLFS, 2013., Breach of Contracts and other Legal Problems Retrieved from http://lawfirmsociety.wordpress.com/category/breach-of-contract/
Miscellaneous Offences (Public Order and Nuisance) Act (CHAPTER 184). (1997). Retrieved from http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22ca5b9bd4-5b2e-4b42-9349-a5aaf258d9a4%22%20Status%3Ainforce%20Depth%3A0;rec=0
SLA. (n.d.). What is someone threatens me with words? Retrieved from http://singaporelegaladvice.com/what-if-someone-threatens-me-with-words/
Lange, P.R (2014) Page 105 of study guide
Straniere, Philip S. Filing & Winning Small Claims for Dummies. N.p.: n.p., n.d.
Gerald & Kathleen, H. (n.p) The people’s law dictionary Retrieved from http://dictionary.law.com/Default.aspx?selected=1985
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